VARKEY Vs. TAHSILDAR, MUVATTUPUZHA TALUK

JUDGEMENT

(1.) THE question is whether amounts due under Ext. R -1 agreement entered into by the petitioner with the Government of Madhya Pradesh were recoverable as arrears of land revenue by applying the provisions of the Kerala Revenue Recovery Act, 1968. We think they can be and this petition challenging the procedure adopted by the respondents, Tahsildar, Muvattupuzha and the Village Officer, Maneed Village has to be dismissed. We say so for the following reasons. The agreement Ext. R -1 has specifically stated that any sum falling due hereunder may be recovered from the above bounden candidate and surety jointly or severally in the same manner as an arrears of land revenue ;. The petitioner is the surety. Now, when we turn to section 155 of the Madhya Pradesh Land Revenue Code, 1959 we come across the provision that moneys due under a contract which provides that they would be recoverable in the same manner as an arrear of land revenue may be recovered under the provisions in the Chapter of the Code in which section 155 occurs. The Revenue Recovery Act, 1890 by sections 3 and 5 enables the Collector of the District wherein is located the office of the person to whom the moneys are due under a contract pro­viding that they may be recovered as arrears of land revenue to take steps either by himself or by resort to section 3 of that Act by sending the certificate to the Collector of the District within which the person under the contractual delegation may have property. That the surety is now resident within the jurisdiction of the District Collector, Ernakulam is admitted. The fact that the Collector of the concerned District in Madhya Pradesh has issued a certificate to the District Collector, Ernakulam apparently under the provisions of sections 3 and 5 of the Revenue Recovery Act, 1890 is also not disputed before us. The Collector, Ernakulam is therefore competent to recover the amounts due under Ext. R -1 from the petitioner and this can be done under the provisions of the Kerala Revenue Recovery Act when these provisions are read with the provisions in the Revenue Recovery Act, 1890. We dismiss this petition. There will be no order as to costs.